Search Results

1. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

   ...at Parihaka. [21] It is important to note, according to counsel, that a sibling of the applicant had lived in the existing residence on the marae for some time. It had been built well over a century ago and had been used as a base, a home and a resource for all the beneficiaries of the trust to use when visiting the marae. The house represents an important connection that the Totorewa whanau have had with Parihaka Marae and so it is both a practical and symbolic connection. [22] Cou...

2. Statistical bulletin: An overview of conviction and sentencing statistics in New Zealand 1998 to 2007 [pdf, 2.4 MB]

   ...volume of criminal behaviour. The number of charges and cases can be affected by legislative changes, technical changes surrounding the collection and enumeration of offence data, as well as alterations in the availability and prioritisation of police resources for detecting and investigating offences. Other Annual statistical Reports Available The Research, Evaluation and Modelling Unit within the Ministry of Justice carry out regular statistical reporting in a number of areas. The annua...

3. Duty Lawyer Policy v2.15.pdf [pdf, 302 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

4. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

   ...they failed to carry out any due diligence, and this has resulted in loss. [46] Mr Watson relies on a number of documents developed during his tenure on the CoM, including an analysis of land use options, which included financial modelling, land resource reports, and a market valuation into the lessee’s interest in the tree crop. These reports are consistent with the 2018 Strategic Vision, and a One Year Plan, which set out the direction of the previous Committee of Management. He...

5. Proactive Release - Review of the Search and Surveillance Act 2012 [pdf, 2.9 MB]

   ...oppose any proposed reforms. This might cause delays to the project or reduce the government’s social licence to reform the law. 25.2 The Royal Commission Report concluded that “there was an inappropriate concentration of counter-terrorism resources on the threat of Islamist extremist terrorism”. As this review forms part of the Government’s response to the Royal Commission, it has the potential to stigmatise and distress ethnic and faith-based communities. These communities...

6. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

   ...All the main parties, including the original applicant and his mother, are now deceased. The land remains in the ownership of the original applicant’s sister along with her partner. They have invested a significant amount of time, effort and resources into the property. To allow the other siblings or their successors to inherit the land after so many years, may result in a degree of unjust enrichment.14 13 Māori Affairs Amendment Act 1974. 14 Commissioner of Inland Revenu...

7. [2024] NZEnvC 260 Middleton v Queenstown Lakes District Council [pdf, 11 MB]

   MIDDLETON FAMILY TRUST v QLDC – TOPIC 31 – FINAL DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 260 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN ARNOLD ANDREW MIDDLETON, ISABELLE GLADYS MIDDLETON, WEBB FARRY NOMINEES LIMITED & STEWARD LESLIE PARKER AS TRUSTEES OF THE MIDDLETON FAMILY TRUST (ENV-2019-CHC-55) Appellants...

8. LCRO 148/2022 NH v MV (13 June 2024) [pdf, 220 KB]

   ...was responsible for his own due diligence and was not to rely on anything I might have said. 6 2. DELAYS … There should have been a clause covering the consequence if he breached the clause (by adding a habitable space that would have needed resource and building consent) ie that therefore I would be absolved of obligation to provide CCC …. 3. UNDERTAKING The “undertaking” that [MV] gave to [Law firm 2] I did not know about. See [Law firm 4] comments em April 21 2017 4....

9. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...restructure was overseen by David Ralph, the operations manager. Through 2005 and 2006 about 60 employees were made redundant in several stages. This was carried out by Mr Ralph in consultation with the relevant union. He also took legal and human resources advice. [17] In the course of this process Mr Ralph had sought assistance from Mr Davison to assess the performance of other employees who were affected by the restructuring but Mr Davison was not advised that his own position...

10. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

    ...“frivolous” and “vexatious” have legal meanings that are different from their common usage although in neither case is there a statutory definition or any universally accepted legal definition. Both tests exist partly to prevent the wastage of judicial resources on cases that have little or no chance of success. [53] Expressions of the essence of a frivolous complaint have included not having any serious purpose or value, having no sound basis in fact or law, being unworthy of s...